Boundary County Planning and Zoning Commission
October 27, 2016
(16-111 – Planning & Zoning Commission) – Adam Isaac, John Marquette (JRS Surveying), Steve Moyer (North Star Surveying), Tim Patton, Don Jordan (written comment only)
Planning & Zoning:
Kim Peterson, Matt Cossalman, Marciavee Cossette, Wade Purdom, Caleb Davis, (video conference link)
Ron Self, John Cranor, Tim Heenan, Scott Fuller, Counselor Tevis Hull
At 5:30 pm Co-Chairman Wade Purdom opened the meeting and after identifying the presence of a quorum asked if there were any changes or corrections to be made to the Minutes of the October 20 meeting. Matt Cossalman pointed out the minutes and subsequent findings, concerning the Terms & Conditions set, both incorrectly stated the first such Condition as “all 7 lots” rather than “lots 1-7”, thereby ignoring the remaining 40 acres which constitute the parcel being subdivided. He further pointed out that the 2nd Condition involved not just ingress/egress access points but common locations for utilities as well. After Staff concurred on the changes, Purdom asked for a motion to accept the minutes as amended. Cossalman so moved, seconded by Kim Peterson, and the motion carried unanimously.
[ Planning & Zoning minutes are transcribed from the conversation that takes place during the meeting. Topics are condensed, eliminating verbatim comment in order to condense the material. Key points are included in this extraction and all votes taken are recorded.]
Acting Chairman Wade Purdom announced the Hearing to regard updating the Land Use Ordinance 2015-2, Application 16-111 as submitted by Caleb Davis representing the Planning & Zoning Commission. He read the Legislative Proceedings script for conduct of Public Hearings, reviewing the procedure to be followed for all official proceedings per Section 19 of the Boundary County Zoning and Land Use Ordinance 2015-2. After it was determined there were no questions related to procedure, Purdom established that there would be no time limit imposed on public testimony. He asked for a Staff Report then asked if there were anyone present who wished to speak.
Adam Isaac asked about the removal of Section 11.9, which deals with Density Bonuses, from the Subdivision section of the ordinance. His concerns were that he feared the density requirement established for each zone was to be eliminated. Matt Cossalman assured Mr. Isaac that the density requirement is the backbone of the ordinance and was not being altered at all. He further explained that the density bonus was intended to provide a land owner of a large amount of property the right to maintain his property size while giving up development rights to subdivide and create additional parcels. The calculation of how many parcels might be created if split constituted the number of additional structures that could be established in another zone more suited to development. Identifying such parcels eligible for selling and receiving this increase in density is the basis of Section 11.9.
Mr. Marquette and Mr. Moyer, working together, shared a draft of concerns related to Subdivision and Parcel split procedures. The majority of these concerns related to minor changes and the removal of inappropriate or unnecessary procedures. However, concerns relating to time constraints were too complicated to consider at this point without more extensive review of the process. Although the majority of the recommended changes made by the surveyors are approved, the Planning & Zoning Commission recommends that time-constraint changes be pursued in a subsequent revision to the ordinance.
Next, Mr. Tim Patton spoke regarding Section 11.9 Density Bonus and the proposed removal of same. He stated the original purpose of this code was misinterpreted and that it should be removed. However, he also shared that he would be happy to have more appropriate language incorporated in the ordinance to establish the intent of what was meant in the first place. Mr. Patton volunteered to work with the P&Z Commission to establish this process description. Mr. Patton said his perspective is shared with Don Jordan, per Mr. Jordan’s written comment. The P&Z Commission thanked Mr. Patton for his input.
There being no one present wishing to speak further, the meeting was closed to public testimony and Mr. Purdom asked the P&Z Commission to discuss the proposed changes. Using a large screen display visible to all, individually reviewing each section as modified, the Commission agreed that the substance of each section contained the desired changes, both the changes as proposed originally along with minor non-substantive changes proposed through public review. Mr. Purdom stated he had gone though the ordinance and had found several typographical errors. He suggested the Commission review these. Staff stated that the substance of what had been presented thus far for public review and approval had been published and open to public scrutiny. Upon insistence that the changes were minor and recognizing the lateness of the hour, Purdom quickly shared the substance of his additional corrections to typographical errors in the document. There were very few of these, obviously typographical in nature, and absolutely non-substantive. The P&Z Commission agreed to incorporate the typographical changes made by Purdom; moved by Cossalman, seconded by Peterson, approved unanimously.
Matt Cossalman moved to accept the changes made during the course of the meeting’s review as these were non-substantive and ready for County Commissioner’s approval. Caleb Davis seconded and the motion was voted as follows:
Scott Fuller - Absent, Tim Heenan - Absent, Caleb Davis - Aye, Matt Cossalman – Aye. Marciavee Cosette - Aye, Ron Self -Absent, John Cranor - Absent, Kim Peterson - Aye, Wade Purdom - Aye
Tally; 5 approve, 0 recuse, 0 abstain, 4 absent. Wade Purdom – Chair (tiebreaker),
The motion by the P&Z Commission is to recommend approval of the updates proposed to Land Use Ordinance 2015-2 to the County Commissioners.
Matt Cossalman moved to adjourn, Kim Peterson seconded, approved unanimously at 7:40PM.
John B. Moss
Wade Purdom – Co-Chairman Date